CLOSE ‘EM DOWN, ALREADY! — ROUND TABLE JOINS 70+ OTHER NGOs CALLING FOR IMMEDIATE CLOSURE OF ALL IMMIGRATION COURTS!

From Dan Kowalski over @ LexisNexis Immigration Community:

More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic

AILA Doc. No. 20032630 | Dated March 26, 2020 | File Size: 596 K

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On March 26, 2020, more than 70 organizations joined AILA, the National Association of Immigration Judges (NAIJ), and the ICE Professionals Union, to call on the Department of Justice to immediately close all immigration courts during the COVID-19 pandemic.

Cite as AILA Doc. No. 20032630.

Related Resources

·         Resource Center: 2019 Novel Coronavirus (COVID-19)

·         Immigration Judges, Prosecutors, and Attorneys Call for the Nationwide Closure of All Immigration Courts

·         Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak

 

March 26, 2020

The Honorable William P. Barr Attorney General

U.S. Department of Justice

James McHenry

Director

Executive Office for Immigration Review

Submitted via email

RE: THE DOJ MUST IMMEDIATELY CLOSE ALL IMMIGRATION COURTS DURING THE COVID-19 PANDEMIC

Dear Attorney General Barr and Director McHenry,

Following previous calls by the National Association of Immigration Judges (NAIJ), the American Federation of Government Employees (AFGE) Local 511 (ICE Professionals Union), and the American Immigration Lawyers Association (AILA) for the temporary closure of all immigration courts, we, the undersigned international, national, state, and local immigration, civil rights, faith- based, government accountability, and labor organizations urge the U.S. Department of Justice (DOJ) to immediately close all 68 Immigration Courts operated by the Executive Office for Immigration Review (EOIR) in adherence with current public health protocols regarding the COVID-19 virus.

On the evening of March 17, EOIR postponed all non-detained hearings and recently postponed all of the Migrant Protection Protocol hearings (MPP) scheduled through April 22, 2020. However, more aggressive action is needed. While these policies are a step in the right direction, they fall far short of the required action called for by this pandemic emergency. The detained courts must also be closed to in-person hearings in order to minimize the spread of the virus, slow the rate of new infections, and to avoid overwhelming local resources.

Given the particular vulnerability of respondents in detained settings, the use of telework, which has been advocated by the Administration, can and should be quickly put in place. Immigration Judges stand ready and able to work to ensure priority matters, including detained bond matters, are addressed using technological tools. DOJ should permit all detained respondents to immediately receive telephonic bond redetermination hearings with teleworking judges and allow supporting documents to be faxed and emailed to a designated point of contact. When possible, ICE OPLA should stipulate to bond in written motions so it is not necessary to hold hearings.

The urgency for immediate, decisive action in this matter cannot be overstated. Every link in the chain that brings individuals to the court – from the use of public transportation, to security lines, crowded elevators, cramped cubicle spaces of court staff, packed waiting room facilities in the courthouses, and inadequate sanitizing resources at the courts – place lives at risk.

      AILA Doc. No. 20032630. (Posted 3/26/20)

 Every state and the District of Columbia have declared a state of emergency giving government leaders the opportunity to implement bold and unprecedented measures to slow and eventually

 eliminate the spread of the virus. Some officials are releasing prisoners, allowing them to shelter in place at home. Cities, county, and state governments have moved swiftly to implement stay at home orders to ensure the protection of community members from this highly communicable virus. These measures include the scaling back of mass transit conveyances to most urban centers where the immigration courts are located, creating significant logistical problems for anyone needing to access the courts. On March 21, the Department of Homeland Security (DHS) announced that it

  will now require all legal visitors to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) in order to enter any

 detention facility, despite the nationwide shortage of PPE.

 Yet EOIR continues to operate courts in a business-as-usual manner, placing court personnel,

 litigants, and all community members in harm’s way. To make matters worse, DOJ and EOIR decision-making has been opaque, with inadequate information being released, causing confusion

 and leading to litigants showing up at hearings that are cancelled without notice.

 DOJ’s current response to the COVID-19 pandemic and its spread is frighteningly disconnected from the realities of our communities, and the advice of local leaders and scientific experts. DOJ must immediately implement the temporary closure all immigration courts. Failing to take this action now will exacerbate a once-in-a-century public health crisis and lead to a greater loss

 of life.

If you have any questions, please do not hesitate to contact Laura Lynch, Senior Policy Counsel, AILA (llynch@aila.org), Judge Ashley Tabaddor, President, NAIJ (ashleytabaddor@gmail.com), or Fanny Behar-Ostrow, President, AFGE Local 511 (fbehar1@gmail.com).

Sincerely,

Advocates for Basic Legal Equality, Inc.

America’s Voice

American Federation of Government Employees (AFGE) Local 511 American Immigration Council

American Immigration Lawyers Association (AILA)

Americans for Immigrant Justice, Inc.

Amnesty International USA

Arizona Coalition to End Sexual and Domestic Violence

Asian Pacific American Labor Alliance, AFL-CIO

Asian Pacific Institute on Gender-Based Violence

ASISTA

Association of Deportation Defense Attorneys, Inc.

Ayuda

Capital Area Immigrants’ Rights (CAIR) Coalition

Catholic Legal Immigration Network, Inc.

Center for Gender & Refugee Studies

   AILA Doc. No. 20032630. (Posted 3/26/20)

Center for Victims of Torture

Central American Resource Center

Coalition for Humane Immigrant Rights (CHIRLA)

Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces End Domestic Abuse Wisconsin

Evangelical Lutheran Church in America

Federal Bar Association Immigration Law Section

*Disclaimer, this is the position of the Immigration Law Section and not the Federal Bar Association as a

whole.

Freedom Network USA

Government Accountability Project

Her Justice

HIAS

Human Rights First

Human Rights Initiative of North Texas

Illinois Coalition Against Domestic Violence

Immigrant Families Together

Immigration Equality

International Federation of Professional and Technical Engineers International Rescue Committee

InterReligious Task Force on Central America

Just Neighbors

Justice for Our Neighbors-Michigan

Las America’s Immigrant Advocacy Center

Latin America Working Group

Leadership Conference of Women Religious

League of United Latin American Citizens

Legal Aid Justice Center

Montana Coalition Against Domestic and Sexual Violence National Advocacy Center of the Sisters of the Good Shepherd National Association of Immigration Judges

National Council of Jewish Women

National Justice for Our Neighbors

National Latina Institute for Reproductive Justice

Nebraska Coalition to End Sexual and Domestic Violence Neighbors Immigration Clinic

NETWORK Lobby for Catholic Social Justice

New York Immigration Coalition

New York Justice for Our Neighbors

Northern Illinois Justice for Our Neighbors

Ohio Immigrant Alliance

Pax Christi USA

Restoration Immigration Legal Aid

Rian Immigrant Center

Round Table of Former Immigration Judges

Santa Fe Dreamers Project

Sisters of Mercy of the Americas Justice Team

AILA Doc. No. 20032630. (Posted 3/26/20)

South Texas Human Rights Center

Tennessee Justice for Our Neighbors

The Florence Immigrant & Refugee Rights Project

The Leadership Conference on Civil and Human Rights

Ujima Inc: The National Center on Violence Against Women in the Black Community Vermont Network Against Domestic and Sexual Violence

Virginia Coalition for Immigrant Rights

Virginia Coalition of Latino Organizations

Virginia Interfaith Center for Public Policy

Washington Office on Latin America

Washington State Coalition Against Domestic Violence

Wellspring United Church of Christ

Young Center for Immigrant Children’s Rights

AILA Doc. No. 20032630. (Posted 3/26/20)

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Pretty disturbingly graphic example of how little EOIR & the DOJ care about the health, safety, and welfare of their own employees, let alone the public they have long ceased serving!

Also appreciate the courageous leadership of AFGE Local 511 President and DHS Assistant Chief Counsel Fanny Behar-Ostrow in joining the effort to end the regime’s reckless insanity. An “Honorary Member” of the NDPA to be sure! Folks like Fanny, Ashley, Laura, Jeff, and Dan are among America’s unsung heroes! Thanks for all you do!

Due Process Forever! Political “Courts” Endangering Public Welfare & Safety, Never!

PWS

03-26-20